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Home My WebLink About75D - PH VACATE PUBLIC ALLEY AND BUSH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: PUBLIC HEARING - ABANDONMENT NO. 18-01: TO VACATE PORTION OF PUBLIC ALLEY AND BUSH STREET (STRATEGIC PLAN NO. 3,2) w dlj� MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution vacating a portion of public alley and Bush Street. DISCUSSION On May 2, 2017 the City Council authorized the sale of City -owned parcels at 2129 North Main Street to Net Development Company, for the purpose of developing a hotel on the property. On May 1, 2018, the City Council adopted a resolution declaring the City's intent to vacate a portion of a public alley and a portion of Bush Street (Exhibit 1). The areas being vacated will be combined with multiple parcels for the development of a Hampton Inn Hotel project located at the site. The alley easement and Bush Street area to be abandoned are approximately 5,572 square feet and 9,544 square feet respectively. The resolution to vacate the street and alley will be recorded at the close of escrow following the sale of the City parcel to Net Development Company. Utility companies, other government agencies, and City departments were advised of the street vacation. There are existing overhead and underground utilities within the proposed vacated area. Therefore, a public utility easement will be reserved in the proposed resolution. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). ENVIRONMENTAL IMPACT The abandonment is addressed in the Mitigated Negative Declaration for the Hampton Inn Hotel project, ER No. 2017-96, which was certified by City Council on March 20, 2018. No further CEQA analysis is required. 75D-1 Public Hearing - Abandonment No. 18-01: To Vacate Portions of Bush Street and Public Alley June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal i associated with this action. Edwin "William" Galve , P.E. Acting Executive Director Public Works Agency Exhibits: 1. Abandonment Area 2. Resolution to Vacate 75D-2 z a -9 FMVAT ru! 0.l.w 007 -t17 -09t I(I lOr I \ 14r.w pp7.1f]A ILOT 7 U.O. 00-117-091 % om-113-M \ 9� _tm s 'P.M. 907-117-09t (1- 41.w 0 -117-M —LOT r IA. 007-117-0t 14r.w 007-117-079 4r.w 007-117p1 101 19 I I I 601-1 -r►I Fl• --1 7.5' I i 6.1_ __� I IIS I I 1r I w w N x N m \s J I I \� II I I I I ----Jif -----� CTq' I I' -------------L----------' 20TH STREET ® ABANDONMENT AREAS, PORTION AND PORTION OF BUSH STREET (ALLEY WIDTH VARY 15'-20') SANTA ANA Pu 1100 \006 frara EXHIBIT OF ALLEY T"'°l PUBLIC HEARING - ABANDONMENT NO. 18-01: TO VACATE PORTION OF PUBLIC ALLE*r"Dr,BUSH STREET i a 75D-4 EXHIBIT 2 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AN ALLEY LOCATED BETWEEN MAIN STREET AND THE SANTA ANA FREEWAY (1-5) AND A PORTION OF BUSH STREET (ABANDONMENT NO. 18-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Streets and Highways Code Section 8300 of seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of a portion of an alley located between Main Street and the Santa Ana Freeway (1-5) and a portion of Bush Street, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On May 1, 2018, the City Council adopted Resolution No. 2018-029 wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. D. Resolution No. 2018-029 gave notice that at its regular meeting of June 5, 2018, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any and all persons interested in or objecting to the vacation described above. E. The City Council finds that Resolution No. 2018-029 was published in the manner prescribed by law. F. The City Council further finds that the notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. G. The City Council, at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of the Vacation Area and received and considered all evidence submitted. H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: Resolution No. 2018 -XXX Page 1 of 3 75D-5 The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. The environmental impacts of this vacation were previously analyzed in Mitigated Negative Declaration, Environmental Review No. 2017-96, approved by the City Council on March 20, 2018. The City Council finds that all environmental impacts of the vacation are either insignificant or can be mitigated to a level of insignificance pursuant to the mitigation measures outlined in the Mitigated Negative Declaration and the Initial Study. The City Council further finds that there is no substantial evidence in the record supporting a fair argument that this vacation may result in significant environmental impacts. The City Council finds that the Mitigated Negative Declaration contains a complete, objective, and accurate reporting of the environmental impacts associated with this vacation and reflects the independent judgment of the City Council. Therefore, no further environmental review is necessary. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following condition. Said Vacation shall only become effective upon the close of escrow for the purchase of property located at 2129 N. Main Street, Santa Ana, pursuant to the separate Sale Agreement and Escrow Instructions entered into by the City and Net Development Co., Inc. The City Engineer shall advise the Clerk of the Council that this condition has been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves _and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Said recordation shall occur after the Condition (Section 3) has been satisfied to the satisfaction of the City Engineer. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Resolution No. 2018 -XXX Page 2 of 3 7501-6 Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ,.. John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: - Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on .2018. Date: Clerk of the Council City of Santa Ana 75D-7 Resotulion No. 2018-X0(X Page 3 of 3 i •^^) Fp[E#AY RAID I � 00.1 117'0#1 ly E I ! I —LOfTI I IA.hN. 007-177• . 0,0I.117 Roo 17;74 4;;71g 03 / LOT 1 r1' A.l.x. 0!", 13-06, &,P,*, 0071'3.x77 #•rrx. x0 -I 3-m wr 11 � t I 60 -� 17.5' I jI 0 I1 J..II11r' 1 12 I;r----- j m I til J m f lid � i 1� ----------- -------------i 20TH STREET ABANDONMENT AREAS. PORTION OF ALLEY AND PORTION OF BUSH STREET (ALLEY WIDTH VARY 15'-20') EXHIBIT 1 SANTA ANA Tillxt PUBLIC HEARING - ABANDONMENT NO. PPW1 18-01; TO VACATE PORTION OF flBIC10Wf91q#Ll PUBLIC ALLEY AND BUSH STREET 75D-8